general RENTAL TERMS & CONDITIONS

Lessee (Customer) agrees to pay Lessor (Tiger), at Tiger’s stated place of business, all rental stipulated on the face here of as invoiced to Customer from time to time by Tiger within agreed upon time frame. If such amounts are not paid within the agreed upon timeframe, Customer agrees to pay interest from the date hereof at the maximum amount permitted by law, on all unpaid amounts, plus costs and attorney’s fees and all other expenses of collection and repossession of the Equipment.

Customer shall be solely responsible for and agrees to promptly pay when due in addition to rent, all sales, use, excise or other taxes, charges, and levies.

If during the term of this lease, any item of Leased Equipment is stolen or missing and is not recovered within 30 days or is damaged by accident or otherwise to such an extent that it cannot be restored to good working order and/or condition, the Customer shall promptly pay Tiger the replacement value of such item(s) of Leased Equipment. Customer’s payment to Tiger shall be made promptly upon the Customer’s receipt of Tiger’s invoice thereof. Use of the equipment by persons other than the Customer or Authorized Operators will be at the sole risk of the Customer.

General Provisions and Indemnification

Condition of Equipment: Upon delivery, Customer acknowledges that he has examined or had the opportunity to examine the Equipment, and it has been received in good physical and mechanical condition, and the Equipment is the size, design, capacity, etc. selected by the customer. Customer knows that the Equipment to be leased is in a USED CONDITION. As a result of its prior use, Customer understands that the used Equipment is not in the same condition as it was when it was new and may not operate as safely, efficiently, or as effectively as if it were new.

Delivery and Pick-up of Equipment: In no event shall Tiger be liable for any damages arising out of delivery delays, including, but not limited to work stoppages, delivery or operational deficiencies or failures, breakdowns, strikes, Acts of God, acts or war, terrorism insurrection, civil unrest or revolt, unavailability of replacement equipment, or any other nature, or from any other cause, whether such delays are avoidable or not. Customer must notify Tiger for release of the Equipment and is responsible for the Equipment until it is returned to a Tiger base. Tiger makes no warranty of merchantability or fitness of the equipment for any purpose either expressed or implied. There is no warranty or representation that the equipment is fit for the customer’s particular use, or that it is free of latent defects. Customer acknowledges that Tiger is not a manufacturer of the equipment and Customer hereby waives any and all claims for damages for breach of warranty against Tiger, including but not limited to, claims for injury, property damage, parts, labor, delay or business interruption by Customer or third parties. Under no condition will Tiger be responsible for special, indirect, incidental or consequential damages.

Applicable Laws: Customer is responsible for complying with all applicable laws with regards to the Equipment.

Maintenance: While in Customer possession, Customer shall perform and pay for all maintenance required to keep the Equipment in good working order and in compliance with all normal, basic and periodic maintenance specifications set fourth in the manuals for this Equipment.

Rental Transactions

Ownership and Operation of Equipment: Customer acknowledges that the Equipment is the property of Tiger. Customer agrees that only the following persons (“Authorized Operators”) may use or operate the Equipment and must do so with Customer’s permission: Customer, Customer’s authorized agent, representative employer, employees, or fellow employees acting in the course and scope of employment. Customer must ensure that all Authorized Operators must be properly trained and qualified to operate the Equipment.

Rental and Refueling Charges: Customer will pay Tiger, on demand, all rental time, mileage, service, transportation, refueling service, environmental agency fees, sales and use taxes, and all other charges in accordance with this agreement. The basic daily rental entitles Customer to one-shift (8 hour day, 40 hour week) If used in excess, Customer with be charged. Customer is responsible for payment of all shipping, loading, unloading, Energy Generation charges/taxes, assembly and dismantling expenses unless otherwise agreed in writing with Tiger.

 

Sales Transactions

Title: Tiger will transfer title to Equipment to Customer, free of any encumbrances, upon Customer’s payment in full for the entire price for the Equipment, plus any costs, interest, or other charges due. Energy Generation charges/taxes may apply. Net Deposit and all payments under ITEM 2 of this Agreement shall be adjusted if devaluations of currency are more than 3%.

Events of Default

Customer shall be in default of this agreement (1) if Customer fails to pay any rent when due: (2) if Customer breaches any of the terms of this

Agreement (3) if Customer becomes insolvent, ceases doing business, or if a petition for bankruptcy is filed by or against Customer, or (4) if Customer is in default from any other agreement with Tiger.